Exclusions

SEN and Exclusion 

From the 2024-25 Government statistics: 

Children and young people with special educational needs (SEN) continue to be significantly more likely to be suspended and excluded from school than those without SEN. 

The rate of suspensions for pupils with no identified SEN was almost four times lower than for those on SEN support or with an EHCP. 

The rate of permanent exclusions for pupils with an EHC plan has increased.  

Government statistics on suspension and exclusion rates in England, 2024/5  

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Exclusion and Suspension 

There are only two types of exclusion from a school which are lawful:  

-permanent exclusion  

-suspension for a specific number of school days  

A suspension for a fixed period cannot lawfully be ‘converted’ into a permanent exclusion. In exceptional cases, where further evidence comes to light, a further suspension or permanent exclusion may be given immediately after the end of the suspension. 

The behaviour of pupils outside school can be considered as grounds for exclusion.

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Suspension 

A suspension can only be used as a behaviour management tool and should be set out within the school’s behaviour policy.  

Where suspensions are becoming a regular occurrence, schools should consider whether additional strategies should be put in place. 

The school should also assess the suitability of provision for a pupil’s SEN or disability if they are at risk of suspension. 

A pupil can be suspended up to a maximum of 45 school days a year. Lunchtime exclusions count as half day exclusions.  

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Reintegration after a suspension 

Schools should have a reintegration strategy and offer a reintegration meeting for the child/parent following suspension 

The school should review with staff and external professionals, where appropriate, what support is needed. For example, identifying if a pupil has Special Educational Needs (SEN) or considering applying for an Education Health and Care Plan (EHCP). 

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Grounds for Permanent Exclusion 

The decision to exclude a pupil permanently should only be taken: 

• in response to a serious breach or persistent breaches of the school’s behaviour policy; and 

• where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school. 

The decision must be made in a way that is: 

• lawful

• rational

• reasonable

• fair

• proportionate

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Who can suspend or permanently exclude? 

Only the headteacher of a school (or teacher in charge of a Pupil Referral Unit) can exclude a pupil. The Government Exclusions Guidance applies to: 

• local-authority-maintained schools
• academies and free schools
• pupil referral units

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Duty to inform parents about a suspension or exclusion 

Parents must be notified without delay, in writing, stating:  

• the reason for the exclusion,  

• the length of the exclusion,  

• arrangements for any alternative provision,  

• parents right to respond/appeal and how to do this  

This can include “electronic” notifications such as a text or email if the parent has agreed to receive notifications this way.

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Parents’ right to make representations 

If you disagree with the suspension or exclusion, you have certain rights to make representations against this as a parent. 

The school must inform you of these rights when they write to you with the reasons for exclusion. 

If the exclusion is: 

-a permanent exclusion 

-a suspension that takes the total number of suspended days to 15 or above that term, alone, or 

-a suspension or permanent exclusion that will result in the pupil missing a public exam or national curriculum test 

then the school governing body must meet to consider whether to uphold the exclusion within 15 school days. They must also consider any parent representations provided. 

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Are part-time timetables allowed?  

All children of statutory school age are entitled to a full-time education. In some exceptional circumstances it may be decided a part-time timetable is in a child’s best interests, this would need to be an agreement between the parent(s) and the school. A part-time timetable should not be used to manage a pupil’s behaviour and must only be in place for the shortest time necessary 

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What is unlawful?  

To be lawful, a suspension or exclusion must be formally recorded. Examples of unlawful exclusion would be: 

-exclusion for a non-disciplinary reason 

– not following the formal school exclusion process, such as failing to confirm the exclusion in writing to the parent 

-being sent home to ‘cool-off’ without a formal notification (informal exclusion)

-a reduction of hours to a part-time timetable without parental agreement or review  

The Suspensions and Exclusions Guidance 2024 states that ‘it would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet.’

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What is ‘off-rolling’?  

Off-rolling is the practice of removing a pupil from the school roll without using a permanent exclusion, when the removal is primarily in the best interests of the school, rather than the best interests of the pupil.  

Off-rolling is never acceptable. Ofsted is clear that pressuring a parent to remove their child from the school (including to home educate their child) is a form of off-rolling. Elective home education should always be a positive choice taken by parents without pressure from their school.  

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Disability discrimination 

A school might discriminate against a disabled child if they were aware of the child’s disability, and the exclusion was because the child is disabled or for something which happened because of their disability. It is possible to make a discrimination claim to the SEND Tribunal. 

For more detailed information see: https://www.ipsea.org.uk/disability-discrimination-and-exclusions 

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Managed moves 

A ‘managed move’ is a voluntary agreement between a pupil’s current school, their parent carers and a new school for a pupil to move from one school to another. Managed Moves should only occur when they are in the child’s best interests, for example, another school is identified as having resources or provision that may better suit the pupil’s needs. Parents can make a formal complaint to the school if a managed move is made that they do not agree with. 

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Direction off-site 

Direction off-site is where a pupil is referred to another educational setting for some or all their education for the purpose of improving their behaviour.  

The Exclusions Guidance states that directing education off-site should be for the purpose of improving future behaviour rather than punishing the past. 

Maintained schools have the power to make this decision without a parent having to agree. As of July 2026, this power also applies to academies. 

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Obligations of parents and carers when a child is excluded 

During the first 5 days of a period of exclusion (whether fixed-term or permanent) parents must make sure that their child is not present in a public place during school hours, (unless there is a reasonable justification). 

If breached, parents may be fined. 

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Duty to provide alternative education where a child is permanently excluded 

For permanent exclusions the local authority (and not the school) must arrange suitable full-time education for the pupil to begin no later than the sixth day of the exclusion. 

Full-time means supervised education equivalent to that provided by mainstream schools. 

Where a pupil has an EHC plan, the local authority may need to review the plan or reassess the child’s needs, in consultation with parents, with a view to identifying a new placement. 

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Alternative provision when a child is suspended 

For a suspension of more than five school days, the governing board (or local authority about a pupil suspended from a PRU) must arrange suitable full-time education for any pupil of compulsory school age. This provision is commonly called alternative provision and must begin no later than the sixth school day of the suspension. 

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Disagreeing with a suspension or exclusion

Parents/carers can make written representations to the school governing body if they disagree with a suspension or exclusion. The outcomes vary:

• For suspensions under 5 days in one term the governing body can consider parents/carers written representations but does not have the power to decide whether the pupil should return to school.

• For suspensions adding up to more than 5 but less than 16 days in one term parents can write to the governing body with any reasons they may disagree with the suspension and what they would like to happen as a positive outcome. The governing body only have to meet to consider the suspension(s) if the parent has made written representations.

• For suspensions adding up to more than 15 days in one term, or a permanent exclusion:

-Parents/carers have the right to make written representations to the governing body if they do not agree with the reasons for the exclusion.

-Parents/carers have the right to attend a meeting with the governing body and should be notified about when this will be.

-The governing body must meet to make a decision about whether to uphold (allow) the exclusion, or to reinstate the pupil (allow them to return to the school).

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The Independent Review Panel (IRP) 

If the school governing body makes a decision not to reinstate a permanently excluded pupil parents and young people over 18 can ask for this decision to be reviewed by an independent review panel (IRP). 

The IRP may: 

• uphold the governors’ decision, 

• recommend that the Governors reconsider their decision, 

• may quash the permanent exclusion and direct the governors to reinstate the pupil 

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